Need to fire my GC

[Lipets]

I contact with a GC to simply oversee a 20,000 ft metal building in Florida
I negotiated all contracts with subs.
However, he wanted to do the foundation because that he said it was his specialty.
He matched the price of the lowest bid, but they were all close anyway.

After three weeks letting the slab cure the metal building erector started arranging the steel beams and purlins etc.
The slab was designed by a structural engineer with 4,000 psi and fiberglass 5" thick

I paid directly for the concrete and paid him for labor.

one of lulls (type of fork lift) moving across the slab went right thru it with on of its wheals.
I called the GC acting as a sub, said we drove on the slab too soon before it fully cured in 28 days
I said that has nothing to with the failure, the slab was 1"-2" thick in that area.
He said he'll cut it our and re pour the the area

I said I don't I know if there aren't other areas like this?
If someone installed a 18' pallet rack and one of the legs was sitting a thin spot it could at least injure or perhaps kill someone.

I called my engineer he said the entire floor should be scanned the GPR ground penetrating radar
It took the better part of day to do the scan which identified multiple areas totaling about 1500 sq ft that was less that 5"
To make matters worse a lot of the floor was 7"-9", so it was over poured cost me we figured about 80 extra yards at $160 each $12,000
.
I texted him and called to come down to discuss the repairs.
He failed to reply now 4 days have gone by.

I decided to move ahead and contract a concrete slab cutting contractor to remove the bad areas which will cost about $8,000
the re pure with dowel pins approx $5000.

Your thoughts and opinions please

 

[Msradell]

Sounds like you're going to need contact a lawyer, since you have a written contract it shouldn't be a very hard case to settle. You may also want to contact the state agencies that licenses contractors.

 

[Mark K]

Talk to a lawyer.
Work with your engineer to define the repairs that will be necessary to complete your project. This will need to be submitted to building department. You will also need the revised permit drawings to tell your new contractor what to do.

 

[e hilton]

You screwed up. You hired a GC for the project but you signed contracts directly with the subs and vendors, and it sounds like you managed the entire process. After the dirt under the slab was prepared, did you examine it to see there were 2” areas and 9” areas? Sounds like you thought you could save money by doing the managing yourself, and you got burned. “Anybody can be a GC, it looks so easy”.

 

[Lipets]

You didn't read the background too well apparently. U sound like a GC

he was concrete contractor and the GC.

Negotiating the contracts isn't supervising the work

Your comment is miss placed

 

[bill1952]

You didn't read the background too well apparently. U sound like a GC

he was concrete contractor and the GC.

Negotiating the contracts isn't supervising the work

Your comment is miss placed

Without seeing the contract documents - plans and specs - it's very hard to offer more than get a lawyer.

And I agree, let the engineer design the corrective work.

Besides the concrete work, does he have other duties as "GC"? I assume you have terminated the contract, with necessary notices, etc.

 

[ICE]

I get the feeling that there's enough money to burn. GPR no less.

 

[Lipets]

GPR was used to limit liability if for instance a a leg of a pallet rack fell thru thin concrete and toppled the rack, injury or death.

What would do not knowing where flaws in the slab might be.

GPR was not that expensive about $1200 to scan 20,000 ' with a detailed report.
,

 

[e hilton]

U sound like a GC
Negotiating the contracts isn't supervising the work

Yes, i hold an unlimited gc license in 4 states. But my comment was made from the position of an uninvolved 3rd party looking in on a train wreck. If he was hired to be the gc, why did you negotiate all the contracts? Why did you buy the concrete? How much vetting did you do before hiring the lowest bidder? Who was responsible for the pre-pour inspection?

 

[Lipets]

Again you didn't read correctly he was not the lowest bid they all with a few $$
The city inspected the foundation for rebar, desity and termite certs.
I negotiated the contracts because most GC's mark up those costs or get kickbacks
One GC wanted all payments to go thru him so he could pay subs, the bank wouldn't have it
He wanted to skim money somehow I think
Also most GC use the same subs without shopping for more competitive bids, they are too lazy to call around and get comfortable using that subs.
For example
Plumbing bids were $18-$55,000
Elect $32-$48
Drywall $30-$70,000
Steel manufacturers $235K-385K
I visited there jobs in progress and had references, did judgement searches and confirmed they were licensed.

So yes I shopped, why shouldn't I, sounds like you want to keep your owners in the dark like mushrooms.

 

[Mark K]

Bottom line, the work was not in compliance with the construction documents. It will be necessary to correct the work.

The Lawyer will undoubtably recommend suing the contractor for the repair costs.

I have to believe that somebody on the construction project had reason to believe the concrete was too thin in spots.

 

[e hilton]

The city inspected the foundation for rebar, desity and termite certs.
mark up those costs or get kickbacks
One GC wanted all payments to go thru him so he could pay subs, the bank wouldn't have it
He wanted to skim money somehow I think
Also most GC use the same subs without shopping for more competitive bids, they are too lazy to call around and get comfortable using that subs.

1. Yep, blame the city for your problems. The inspector checked code items, not quality. Obviously someone (you, since you were in charge) didn't check fill elevations and grades. How do you have some areas 2” thick and others 18” thick?
2. Set up an escrow account at the bank.
3. Markup is how he makes a profit. Kickbacks … right … all contractors are crooks.
4. You can require multiple bids. But contractors tend to use the same subs because they are reliable, do good work, and they have a working relationship. When you take you car in for service … don’t you usually go back to the same place? Do you demand that the shop get multiple prices for parts?

 

[Tim Mailloux]

do you have an architect / engneer for this project? If so did thier specifications call for any independent 3rd party observation and testing from a licensed testing agency?

 

[SCBO1]

Did the AHJ refer to Chapter 17 in the IBC for any required special inspections?

This is a commercial job correct? Any soil compaction and concrete design verifications other than the city inspections?

 

[JMarsh]

Send a letter in writing to your GC telling them they have x number of days to remediate the problem, after which you will hire another contractor and send them bill.

 

[Lipets]

1. Yep, blame the city for your problems. The inspector checked code items, not quality. Obviously someone (you, since you were in charge) didn't check fill elevations and grades. How do you have some areas 2” thick and others 18” thick?
2. Set up an escrow account at the bank.
3. Markup is how he makes a profit. Kickbacks … right … all contractors are crooks.
4. You can require multiple bids. But contractors tend to use the same subs because they are reliable, do good work, and they have a working relationship. When you take you car in for service … don’t you usually go back to the same place? Do you demand that the shop get multiple prices for parts?

Nothing you've said is helpful to the issue, and you mis state the facts
Please stop commenting with your bias GC protective replys

do you have an architect / engneer for this project? If so did thier specifications call for any independent 3rd party observation and testing from a licensed testing agency?

Of course U get get building permits without them
No third party request made on plans, never heard of that

This is a commercial job correct? Any soil compaction and concrete design verifications other than the city inspections?

yes


New issue the plot for GC negligence gets worse.
I had a pest company ready to do the pre treat for termites, but the GC said he has a guy that he uses all the time and he match my bid.

Today looking thru all aspects of what the GC was involved in I checked the termite treatment certs give to the building inspector.
The application was less than half the required application rate.
I filed a complaint with the state of FL this morning they agreed the certs looks wrong, and are coming at 9AM to test the soil.

h hilton said "But contractors tend to use the same subs because they are reliable, do good work, and they have a working relationship"

So much for that line of BS

 

[e hilton]

No third party request made on plans, never heard of that

You’re in over your head.

 

[Lipets]

e hilton set to ignore, you're bit wacky

 

[JMarsh]

Lipets,
You're probably not going to get everything you that you want out of this, and you may be opening up a can of worms if you did not hire a 3rd party inspector. I don't know the Florida Chapter 17 of the IBC, so maybe it's not required? I hire inspectors on all my commercial buildings regardless if they are required or not.

As a note, when the concrete contactor buys their own concrete (and it sounds like that's all this "gc" is - a subcontractor) it does cost you "more". But had he done the take-off based on a 5" x 20,000 slab, it would have become obvious that the pad was graded too low in some spots and that more concrete was needed. Rather than just buying more concrete on his own nickel, he would have alerted you to the problem and the pad could have been raised. Rock is less expensive than concrete.

In a set up where a GC hires all subcontractors - both the site contractor and the concrete contractor - the GC assumes liability for the grading of the pad, and it would completely his fault. When owners piecemeal the contracts to avoid mark-ups, they lose some protection. It's a gamble.

 

[Lipets]

When there are 30+ concrete trucks lined up there is no time to change the grade.
You would get charged to turn trucks away.
To change the grade, remove plastic, treat soil again for termites, all not practical
The grading must be done in advance, it was included in his contract completely his fault, the plans called for 4"
He was negligent not grading properly for the 4" slab.
If it was changed to 5" that would add about 67 yards or $10,000, the design is 4"

He violated the law for a min of 3 1/2" on any slab.

 

[JMarsh]

The grading must be done in advance, it was included in his contract completely his fault, the plans called for 4"

I was not clear that grading was in his contract. If it was in the post above, then I apologize. That changes everything. You should get definitely get money back for the concrete, in addition to the fix being on his nickel.

 

[JMarsh]

See my post above about putting everything in writing (and sent by a registered letter) informing him that if he does not make the repairs you will proceed to do so and send him the bill. You might also suggest that you are losing income due to delays, and that you might seek to recoup these as well.

 

[e hilton]

He was negligent not grading properly for the 4" slab.
He violated the law for a min of 3 1/2" on any slab.

And you as the de facto GC were negligent for not catching it.
What “law” did he violate?

 

[Lipets]